In re Discipline of Ortner

Ortner (defendant), representing an unrepresented couple in an uncontested divorce, revised a property-settlement agreement to include $250 monthly child support after the presiding judge refused to approve the divorce without addressing support, but simultaneously drafted and had the couple sign a secret private agreement nullifying that same support obligation and directing the father to simply tear up any support checks received. After the father later filed a support action against the mother, a different judge discovered the private agreement, vacated the settlement based on Ortner's fraud on the court, and referred him for discipline; the disciplinary board found only minor rule violations and recommended censure, and the South Dakota Supreme Court reviewed that recommendation.